,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #gfch  ,,in ,,the ,,house ,,of  
,,representatives  ,july #af1 #bjbj,mr4 
,kennedy 7for himself and ,mr4 ,cleaver7
 introduced the following bill2 which   
was referred to the ,committee on       
,education and ,labor1 and in addition  
to the ,committees on ,house            
,administration1 ,oversight and ,reform1
 the ,judiciary1 ,veterans' ,affairs1   
,armed ,services1 ,energy and ,commerce1
 and ,natural ,resources1 for a period  
to be subsequently determined by the    
,speaker1 in each case for consideration
 of such provisions as fall within the  
jurisdiction of the committee concerned 
,a ,,bill  ,to establish certain        
employment protections for temporary    
workers1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,restoring ,worker ,power ,act of   
#bjbj4  #b4 ,definitions ,in this ,act1 
the following definitions apply3 7#a7   
,conversion fee ,the term conversion fee
 means a fee charged by a temporary     

staffing agency to a host employer for  
hiring or directly employing a temporary
 worker for whom a contract for work was
 effected by the temporary agency4  7#b7
 ,host employer ,the term host employer 
means any person that contracts with a  
temporary staffing agency to obtain     
temporary workers4  7#c7                
,non-competition agreement ,the term    
non-competition agreement means an      
agreement between an employer and an    
employee or temporary worker or         
otherwise arising out of an existing or 
anticipated employment relationship     
under which the employee1 temporary     
worker1 or expected employee agrees that
 he or she will not engage in certain   
specified activities that are           
competitive with such employer during   
employment relationship or after the    
employment relationship has ended4  7#d7
 ,predispute arbitration agreement ,the 
term predispute arbitration agreement   
means any agreement to arbitrate a      
dispute that had not yet arisen at the  

time of the making of the agreement4    
7#e7 ,same or substantially similar work
 ,the term same or substantially similar
 work1 used to compare the work of one  
individual to the work of another       
individual1 means that the work of each 
individual-- 7,a7 requires equivalent   
skill1 effort1 responsibility1 and      
authority2 and  7,b7 is performed in    
similar conditions4  7#f7 ,temporary    
staffing agency ,the term temporary     
staffing agency means any entity engaged
 in supplying temporary workers to      
perform work1 for a fee1 for a host     
employer pursuant to an agreement       
between the staffing agency and the host
 employer4  7#g7 ,temporary work        
assignment ,the term temporary work     
assignment means work arranged by a     
temporary staffing agency for the       
benefit of a host employer and performed
 by a temporary worker4  7#h7 ,temporary
 worker ,the term temporary worker means
 any individual supplied by a temporary 
staffing agency to perform work for one 

or more host employers for any amount of
 time1 regardless of whether such       
individual is an employee or independent
 contractor with respect to such        
temporary staffing agency4  #c4         
,protections for temporary workers  7a7 
,notice of work ,to be performed  7#a7  
,in general ,not less than #dh hours    
before the date on which such temporary 
worker begins a temporary work          
assignment for a host employer on behalf
 of the temporary staffing agency1 a    
temporary staffing agency shall provide 
notice in1 the temporary worker's       
primary language1 in accordance with    
paragraph 7#b7 to a temporary worker4   
7#b7 ,notice ,notice under paragraph    
7#a7 shall include-- 7,a7 a description 
of the temporary work assignment to be  
performed by the temporary worker2  7,b7
 the work hours and rate of wages for   
such assignment2  7,c7 the name1        
worksite address1 and contact           
information of the host employer2  7,d7 
any requirements unique to the temporary

 work assignment that the temporary     
worker will have to meet to perform the 
assignment1 including required clothing1
 equipment1 training1 or licensing2     
7,e7 any fees or charges to workers that
 may be deducted from the pay of such   
temporary worker including for          
transportation1 meals1 check cashing1   
clothing1 tools1 or safety equipment2   
and  7,f7 the rate at which the         
temporary staffing agency charges the   
host employer for the labor or services 
of such temporary worker4  7b7 ,paycheck
 transparency  7#a7 ,in general ,not    
later than the date on which a temporary
 staffing agency pays a temporary       
worker1 the temporary staffing agency   
shall provide such temporary worker a   
statement of wages in accordance with   
paragraph 7#b74  7#b7 ,statement of     
wages ,a statement of wages under       
paragraph 7#a7 shall include1 with      
respect to the work for which the       
temporary staffing agency is paying the 
temporary worker-- 7,a7 an itemized     

statement of wages1 including the wage  
rate and the number of hours worked for 
each host employer1 and each deduction  
from such wages and the reason for such 
deduction2 and  7,b7 the hourly rate at 
which each host employer pays the       
temporary staffing agency for the labor 
or services of such temporary worker4   
7c7 ,drug testing and background checks 
,a temporary staffing agency may not    
require a temporary worker to pay for a 
drug test or background check that is   
required for the performance of a       
temporary work assignment or deduct the 
cost of such drug test or background    
check from the pay of such temporary    
worker and affording the temporary      
worker the opportunity to decline such  
assignment4  7d7 ,travel time ,a        
temporary staffing agency shall pay a   
temporary laborer1 with respect to a    
temporary labor assignment at a wage    
rate that is equal to the contracted    
hourly wage rate for the temporary labor
 assignment for the time during which   

the temporary laborer is required to    
commute between-- 7#a7 the temporary    
staffing agency and the work site of the
 host employer2 and  7#b7 work sites of 
one or more host employers4  7e7 ,right 
,to refuse strikebreaking assignments   
,no temporary staffing agency may assign
 a temporary worker a temporary work    
assignment with a host employer whose   
employees are1 on the date of           
assignment1 engaged in a strike1 a      
lockout1 or other work stoppage of any  
kind without notifying the temporary    
work of this fact and affording the     
temporary worker the opportunity to     
decline such assignment4  7f7 ,liability
 ,any temporary staffing agency who     
violates this section shall be liable to
 any temporary worker for damages equal 
to the sum of-- 7#a7 lost wages of the  
temporary worker2  7#b7 liquidated      
damages1 equal to the amount that is #b 
times the amount described in paragraph 
7#a72 and  7#c7 an amount equal to--    
7,a7 #ajj for each of the first #aj     

violations of this section with respect 
to an temporary worker2 and  7,b7 #bej  
for each such violation thereafter4  #d4
 ,equal pay for equal work  7a7 ,equal  
pay ,a temporary staff agency or host   
employer1 whichever is responsible for  
payment of the temporary worker1 shall  
pay the temporary worker at a rate that 
is not less than the same average       
starting wage rate of a permanent       
employee of the host employer who       
performs the same or substantially      
similar work as the temporary worker4   
7b7 ,prohibition ,no temporary staffing 
agency or host employer may lower the   
wage of any individual in order to      
comply with this section4  7c7 ,penalty 
,any temporary staffing agency that     
violates this section with respect to a 
temporary worker shall be liable to such
 temporary worker for an amount equal to
 the sum of-- 7#a7 the amount that equal
 to the difference between-- 7,a7 the   
amount that such temporary worker was   
entitled to under subsection 7a7 during 

the period with respect to which the    
violation occurred2 and  7,b7 the amount
 that such temporary worker was paid for
 such period2 and  7#b7 7,a7 #ajj for   
the first #aj violations of this section
 with respect to such temporary worker2 
or  7,b7 #bej for each such violation   
thereafter4  7d7 ,communication         
requirement ,the temporary staffing     
agency and host employer shall          
communicate as necessary in order to    
implement this section4  #e4            
,prohibition on forced arbitration      
,notwithstanding any provision of title 
#i of the ,united ,states ,code1 no     
predispute arbitration agreement shall  
be valid or enforceable with respect to 
an employment dispute between a         
temporary worker and a temporary        
staffing agency or a host employer4  #f4
 ,safety and health provisions  7a7     
,training2 documentation2 hazard        
analysis ,not later than #bd hours      
before the date on which a temporary    
worker begins a temporary work          

assignment for a host employer on behalf
 of a temporary staffing agency1 the    
temporary staffing agency shall         
provide-- 7#a7 to the temporary worker--
 7,a7 general safety training and       
training with respect to the            
job-specific hazards based upon the job 
hazards analysis under subparagraph     
7,b77ii7 if such agency possesses or    
should possess such expertise2  7,b7 a  
document1 signed by the temporary       
staffing agency and the host employer1  
containing-- 7i7 description of the     
safety and health responsibilities of   
each the temporary staffing agency and  
the host employer1 with respect to      
protecting the safety and health of the 
temporary worker1 including-- 7,i7 the  
party responsible for providing and     
maintaining protective equipment2       
7,,ii7 the process by which the         
temporary worker should report an       
injury2  7,,iii7 the party responsible  
for providing first aid and medical     
treatment to injured workers2 and       

7,,iv7 the name1 address1 and phone     
number of the workers' compensation     
insurance carrier that provides coverage
 to the temporary worker2 and  7ii7 the 
results of a job hazard analysis1       
conducted by the host employer2  7#b7 to
 the host employer a document containing
 a description of the training and      
competencies of the temporary worker    
that are related to the temporary work  
assignment4  7b7 ,responsibilities of   
host employers ,each host employer shall
 do the following3 7#a7 ,not later than 
#dh hours before a temporary worker     
begins a temporary work assignment with 
the host employer1 perform a job hazard 
analysis for each job that the temporary
 worker may foreseeably perform which   
shall include a review of-- 7,a7 all    
foreseeable hazards to the temporary    
worker2  7,b7 the safety equipment      
required to prevent injury or illness2  
7,c7 the training required to prevent   
injury or illness2 and  7,d7 the results
 of the job hazard analysis under       

subsection 7b77#a74  7#b7 ,not later    
than #dh hours after a temporary worker 
begins a temporary work assignment for  
the host employer1 provide the same     
mandatory training health and safety    
training to temporary workers as an     
employee of the host employer performing
 the same or substantially similar work4
  7#c7 ,include temporary workers in all
 health and safety meetings1            
evaluations1 and distributions for      
information pertaining to health and    
safety as made available to employees of
 the employer during the period of the  
temporary work assignment4  7#d7 ,inform
 the temporary staffing agency of any   
job-related injuries or illnesses       
sustained by the temporary worker not   
later than #bd hours after such injury  
or illness is made known to the host    
employer4  #g4 ,permanent work          
opportunities  7a7 ,prohibition on      
non-,compete agreements ,no temporary   
staffing agency shall enter into1       
enforce1 or threaten to enforce a       

non-competition agreement for a         
temporary worker with a temporary worker
 or any third party that limits the     
temporary worker's ability to seek other
 job opportunities4  7b7 ,prohibition on
 conversion fees ,no temporary staffing 
agency may charge a conversion fee with 
respect to a temporary worker if such   
temporary worker1 before being hired by 
the host employer1 worked for such host 
employer for a period of #fj days or    
more4  #h4 ,temporary staffing agency   
recordkeeping  7a7 ,in general ,upon    
assigning a temporary worker to a host  
employer for a temporary work           
assignment1 a temporary staffing agency 
shall keep the following records        
relating to such assignment3 7#a7 ,host 
employer information  7,a7 ,the name1   
address1 and telephone number of the    
host employer4  7,b7 ,the specific      
location of each worksite to which the  
temporary workers were sent4  7,c7 ,the 
date of the transaction4  7,d7 ,the name
 and title of the individual or         

individuals at each host employer's     
place of business responsible for the   
transaction4  7,e7 ,any specific        
qualifications or attributes of the     
temporary worker1 requested by the host 
employer4  7,f7 ,any deductions to be   
made from each temporary worker's       
compensation made by the temporary      
staffing agency for the temporary       
worker's transportation1 food1 clothing1
 equipment1 check cashing1 or other     
service or item  7,g7 ,verification of  
the actual cost of any equipment1       
transportation or meal charged to a day 
or temporary worker4  7#b7 ,assignment  
information  7,a7 ,the race and gender  
of each temporary worker assigned by the
 temporary staffing agency1 as provided 
by the temporary worker4  7,b7 ,the type
 of work to be performed4  7,c7 ,the    
number of hours to be billed to the host
 employer4  7,d7 ,the number of hours to
 be worked4  7,e7 ,the hourly rate to be
 billed or charged to the host employer4
  7,f7 ,any specific qualifications or  

attributes of the temporary worker1     
requested by the host employer4  7,g7   
,copies of all agreements and contracts 
covering this assignment1 if any1       
between the temporary staffing agency   
and the host employer1 and copies of all
 invoices sent to the host employer4    
7,h7 ,copies of all employment notices  
or advertisements used in connection    
with this job order or assignment4  7,i7
 ,any deductions to be made from each   
temporary worker's compensation made by 
the temporary staffing agency for the   
temporary worker's transportation1 food1
 clothing1 equipment1 check cashing1 or 
other service or item4  7#c7 ,applicant 
information  7,a7 ,information on all   
individuals who applied for the         
assignment1 including their race1       
ethnicity1 and gender4  7,b7            
,information on when the job was filled4
  7,c7 ,with respect to any temporary   
worker assigned to the temporary work   
assignment1 the following3 7i7 ,the     
temporary worker's name and address4    

7ii7 ,the date assigned to work4  7iii7 
,the hourly rate to be paid4  7iv7 ,the 
race and gender of each temporary worker
 assigned by the temporary staffing     
agency1 as provided by the temporary    
worker4  7v7 ,when1 and under what      
circumstances termination occurred4     
7vi7 ,the date on which the temporary   
work assignment began4  7b7             
,requirements ,each temporary staffing  
agency shall maintain1 and make open for
 inspection by the ,secretary of ,labor 
and the ,equal ,employment ,opportunity 
,commission1 and 7after removing        
personally identifiable information7    
make available for review to temporary  
worker applicants1 all records under    
this subsection for a period of #c years
 beginning on the date on which such    
records are created4  #i4 ,agency       
registration  7a7 ,temporary staffing   
agency responsibilities  7#a7 ,in       
general ,each temporary staffing agency 
and branch office shall register with   
the ,secretary of ,labor in accordance  

with the rules adopted by the ,secretary
 for temporary staffing agencies        
annually4  7#b7 ,reporting ,not less    
than once every #f months1 a temporary  
staffing agency shall submit a report to
 the ,secretary containing1 with respect
 to temporary workers employed by the   
temporary staffing agency during the    
reporting period1 the following         
information3 7,a7 ,the number who are on
 a temporary work assignment4  7,b7 ,the
 percentage who have been injured on a  
temporary work assignment4  7,c7 ,the   
percentage who worked on a temporary    
assignment for not less than #fj days4  
7,d7 ,the percentage who became         
employees of the host employer after    
working on a temporary work assignment  
for such host employer4  7,e7           
,information regarding any violations of
 title ,,vii of the ,civil ,rights ,act 
of #aifd 7#be ,u4,s4,c4 #acbf et seq47  
by the temporary staffing agency1       
including information regarding the host
 employer who made a request for the    

hire of temporary workers in violation  
of such title4 ,such information shall  
not contain any personally identifiable 
information with respect to an affected 
temporary worker1 including the name1   
address1 or phone number of such        
temporary workers4  7#c7 ,publication   
,the ,secretary shall make publicly     
available on the internet website of the
 ,department a list of the temporary    
staffing agencies that have registered  
under this section4  7#d7 ,registration 
fee ,the ,secretary may assess each     
temporary staffing agency a registration
 fee not to exceed #ajj4  7#e7          
,termination of registration ,the       
,secretary may suspend1 deny1 or        
terminate the registration of a         
temporary staffing agency under this    
section due to repeated violations of   
title ,,vii of the ,civil ,rights ,act  
of #aifd 7#be ,u4,s4,c4 #acbf et seq47  
during the hiring or recruiting of      
temporary workers4  7b7 ,host employer  
responsibilities  7#a7 ,verification of 

registration ,a host employer1 upon     
contracting for a temporary work        
assignment with a temporary staffing    
agency1 shall verify that the temporary 
staffing agency is registered with the  
,department of ,labor before entering   
into a contract with such temporary     
staffing agency1 and not less than once 
during each calendar year for which a   
host employer has a contract with such  
temporary staffing agency4 ,the host    
employer may request1 and the ,secretary
 shall provide1 a list of registered    
temporary staffing agencies4  7#b7      
,penalty  7,a7 ,host employer ,a host   
employer that contracts with a temporary
 staffing agency that is not registered 
is subject to a civil penalty of not    
more than the lesser of-- 7i7 #ajj for  
each business day such host employer is 
are under contract with an unregistered 
temporary staffing agency2 or  7ii7     
#e1jjj4  7,b7 ,temporary staffing agency
 ,a temporary staffing agency that      
violates this section is subject to a   

civil penalty of not more than the      
lesser of-- 7i7 #ajj for each day such  
agency operates without registering     
under this section2 or  7ii7 #e1jjj4    
#aj4 ,penalties and enforcement  7a7    
,regulatory authority ,secretary of     
,labor is authorized to issue           
regulations to ensure compliance with   
this ,act4  7b7 ,civil penalties ,any   
temporary staffing agency or host       
employer who violates section #f or #g  
shall be imposed a civil fine not to    
exceed #a1ejj per violation for each    
week the temporary staffing agency or   
host employer is in violation4  7c7     
,relief ,a temporary worker shall be    
entitled to wages1 salary1 employment   
benefits1 or other compensation denied  
or lost due to a violation of any       
provision under this ,act1 or           
reinstatement if terminated in violation
 of subsection 7g74 ,days during which  
such worker would have worked if such   
had not been wrongfully suspended or    
terminated in violation of subsection   

7g7 shall count towards the numbers of  
days worked by such temporary worker for
 the purposes of section #g7;b74  7d7   
,right of action ,an action to recover  
the damages or equitable relief under   
this ,act may be maintained against any 
employer 7including a public agency7 in 
any ,federal or ,state court of         
competent jurisdiction by any one or    
more temporary workers for and in behalf
 of-- 7#a7 the temporary workers2 or    
7#b7 the temporary workers and other    
temporary workers similarly situated4   
7e7 ,fees and costs ,the court in such  
an action shall1 in addition to any     
judgment awarded to the plaintiff1 allow
 a reasonable attorney's fee1 reasonable
 expert witness fees1 and other costs of
 the action to be paid by the defendant4
  7f7 ,limitations ,the right provided  
by subsection 7d7 to bring an action by 
or on behalf of any temporary worker    
shall terminate on the filing of a      
complaint by the ,secretary in an action
 under subsection 7b7 in which a        

recovery is sought of the damages       
described in subsection 7c7 owing to a  
temporary worker by an employer1 unless 
the action is dismissed without         
prejudice on motion of the ,secretary4  
7g7 ,retaliation for certain conduct    
7#a7 ,in general ,no temporary staffing 
agency or host employer may take adverse
 action against a temporary worker for--
 7,a7 making a complaint regarding a    
violation of any provision under this   
,act or the amendments made by this     
,act2  7,b7 causing to be instituted any
 proceeding under or related to this    
,act2  7,c7 testifying or preparing to  
testify in an investigation or          
proceeding under this ,act2 or  7,d7    
refusing an assignment pursuant to      
section #c7;e74  7#b7 ,presumption ,the 
termination or adverse action by a      
temporary staffing agency against a     
temporary worker within #cj days of an  
individual claiming a protection under  
this ,act or reporting a violation under
 this section shall create a presumption

 of a violation of the prohibitions in  
paragraph 7#a7 in any proceeding brought
 against the temporary staffing agency  
or host employer under this ,act4  #aa4 
,,covid-#ai ,paid ,sick ,leave  7a7     
,family and ,medical ,leave ,act of     
#aiic ,section #aaj7;a77#a77;,b7 of the 
,family and ,medical ,leave ,act of     
#aiic 7#bi ,u4,s4,c4 #bfbj7;a77#a77;,b77
 is amended-- 7#a7 by striking ,section 
#aja7d77;,a77i7 and inserting 7i7       
,section #aja7d77;,a77i72 and  7#b7 by  
inserting at the end the following3     
7ii7 ,the #ejj-;employee threshold under
 section #aja7d77;,a77i7 shall not apply
 with respect to a temporary staffing   
agency 7as defined in the ,restoring    
,worker ,power ,act of #bjbj74  4  7b7  
,emergency ,paid ,sick ,leave ,act      
,section #eaaj7b77;,b77i7 of the        
,families ,first ,coronavirus ,response 
,act 7#bi ,u4,s4,c4 #bfja note7 is      
amended-- 7#a7 in item 7aa7-- 7,a7 by   
inserting subject to item 7bb7 before in
 the case2 and  7,b7 by striking and    

after the semicolon2 and  7#b7 in item  
7bb71 by inserting 1 a temporary        
staffing agency 7as defined in section  
the ,restoring ,worker ,power ,act of   
#bjbj71 after public agency4  #ab4 ,,gao
 study  7a7 ,study ,not later than #aj  
months after the date of the enactment  
of this ,act1 the ,comptroller ,general 
of the ,united ,states shall submit to  
,congress the results of a study on the 
use of temporary and staffing agencies  
by the entities described in subsection 
7b71 including a description of-- 7#a7  
the change in spending by such entities 
on temporary workers from fiscal year   
#bjji to fiscal year #bjai2  7#b7 the   
total number of temporary workers at    
each agency1 and their total hours      
worked2  7#c7 the type of services or   
care delivered by temporary workers2 and
  7#d7 the effect of such rates on--    
7,a7 quality of service or care and the 
efficiency of such agency2 and  7,b7 the
 wages and benefits received by         
temporary workers in comparison to the  

cost of their employment and in         
comparison to directly hired employees  
performing the same or similar work1 and
 the rates of injury and illness of     
employees and of temporary workers at   
such agencies4  7b7 ,covered entities   
,the entities described in this         
subsection are the following3 7#a7 ,the 
,department of ,veterans ,affairs  7#b7 
,the ,indian ,health ,service4  7#c7    
,the ,department of ,defense4  7#d7 ,the
 ,bureau of ,prisons4